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Uninsured / Underinsured Motorists

Bad faith denial of claim for underinsured motorist benefits
Suit filed in District Court of Dallas County.

    The client bought a policy providing underinsured motorist benefits. Several months later the insurer cancelled the policy for non payment of monthly premiums. Three weeks after the cancellation date the client’s daughter suffered a serious injury caused by an underinsured motorist. A few days later the client delivered to her insurance agent’s office a check for the two delinquent monthly premiums. The insurer cashed the check and reinstated the policy retroactive to the date of cancellation. When the insurer learned of the collision it returned the premiums and denied the UIM claim. We brought suit for the UIM benefits plus damages for bad faith and statutory penalties under the Texas Insurance Code. The insurer paid double the amount of UIM benefits in settlement, representing the full UIM benefits due together with additional damages for penalties and failure to act in good faith.

 

Underinsured motorist case
Suit filed in District Court of Dallas County.

    The client employed our firm after his first attorney withdrew. In the late afternoon a van with minimum insurance coverage had engine trouble on IH 635 in Mesquite. The driver parked it mostly on the shoulder but protruding a few feet onto the pavement. He tried to fix it, then went home to eat supper. The sun went down. Our client came along in the dark and hit the van, sustaining multiple fractures. The client was assistant manager of a used car business driving home in one of the cars offered for sale by his employer. We were able to collect UIM benefits under the employer’s fleet policy by establishing that the client was on duty despite having left work for the day. It was part of the client’s job to select cars that had been slow to sell and take one home each evening as a test drive.

 

Truck collision caused by uninsured motorist
Suit filed in District Court of Dallas County.

    Uninsured driver caused client to be injured in collision while driving employer’s truck that carried high limits uninsured motorist insurance policy.